As you may be aware, the Promotion of Access to Information Act, 2000 became effective on 9 March 2001, with the exception of sections 10, 14, 15 and 51, which became effective on 15 February 2002.

In terms of this act, all the public and private bodies are required in terms of sections 14 and 51 of the Promotion of Access to Information Act (PAIA) to compile manuals on how to access their records.

Private Bodies:

A private body is defined as follows:

(a) a natural person who carries or has carried on any trade, business or profession, but only in such capacity;

(b) a partnership which carries or has carried on any trade, business or profession; or

(c) any former or existing juristic person; but excludes a public body”

This would therefore include all businesses, small to large as well as individuals and

partnerships carrying on business.

The SAHRC also requires that the holding company and each of its subsidiaries must submit

separate manuals for each entity respectively.

Exemption of certain private bodies

The previous exemption that exempted certain entities from compiling the PAIA manual will last until 31 December 2015.

Conclusion

Therefore all private bodies and public bodies have to review their submitted PAIA manuals and update where necessary. Certain private bodies, which were exempted, must now also submit their manuals by 31 December 2015. Further to you submitting an e-mail copy to the SAHRC you must also submit a hard copy of your manual signed by your Information Officer and publish the manual on the company’s website.

Should you require us to assist you in this regard, please contact your liason partner at PKF who will give direction and assistance, or alternatively, email our offices at paia@pkf.co.za with your contact details and we will revert to you.